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Personal Injury
Premises Liability
Intentional Infliction of Emotional Distress

Carol Harris, et al. v. 3075 Wilshire Blvd. LLC, et al.

Published: Jun. 26, 2010 | Result Date: Feb. 26, 2010 | Filing Date: Jan. 1, 1900 |

Case number: BC 354847 Bench Verdict –  Dismissal

Attorneys

Plaintiff

David Kyle

Richard M. Chaskin

Andrew Krzemuski

Robert S. Shtofman
(Law Offices of Robert S. Shtofman )


Defendant

Joseph V. Macha
(Foley & Mansfield)

Trajan Perez

Jonathan C. Bacon
(Mokri, Vanis & Jones LLP)

Richard J. Finn
(Burnham Brown)


Facts

30 office workers in a building in Los Angeles filed suit against the building for negligence, premises liability, intentional infliction of emotional distress and Business & Professions Code Section 17200 violations.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed the building's ventilation and/or water supply were contaminated with Legionella bacteria, which made them ill. They also contended that mold in the building was caused by water intrusion, which was a result of poor maintenance.

DEFENDANT'S CONTENTIONS:
The building owner claimed there was no outbreak of Legionnaires' Disease as medically defined and that the diagnostic procedures, much like any other evidence of bacteria and mold in this matter, were weak and unfounded.

Settlement Discussions

Plaintiffs demanded $100 million, then later $50 million. The building offered $5,000 per plaintiff, via CCP 998.

Injuries

Plaintiffs claimed Legionnaires' Disease or Pontiac Fever.

Result

After a jung jury and the declaration of a mistrial, the court granted defendants' motion for a directed verdict and dismissed the case.

Deliberation

nine days


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